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New York

NLRB clarifies position on handbooks, at-will employment

02/28/2013
Late in 2012, the NLRB left many employers scratching their heads—and pulling their employee handbooks off the shelf. Until recently, the NLRB pretty much limited itself to dealing with labor unions and the right to organize, leaving employers alone as long as no union activity was involved. That’s all changed in the past year.

Supreme Court to decide burden of proof in Title VII retaliation cases

02/07/2013
The Supreme Court has agreed to hear a case that could answer a crucial question when an employee who is a member of a protected class alleges retaliation: Must he prove his protected status was the sole motive for retaliation, or can it be just one of many possible reasons?

Long Island restaurants can’t duck fair pay

02/07/2013
A chain of three Long Island Asian restaurants will pay more than $1 million in back wages and penalties to 255 current and former employees who were underpaid.

Court: ‘Depression’ no excuse for late filing

02/07/2013
A federal court recently decided to strictly enforce filing deadlines for employment discrimination claims in­­stead of extending them for employees electing to represent themselves. It’s a step toward limiting late claims.

Conditions intolerable? Employee may quit and sue

02/07/2013
An employee who works in outrageous conditions can sometimes quit, claiming she had no choice, and then sue for her “discharge.” However, most of those suits don’t get very far.

When it comes to discrimination lawsuits, the clock starts ticking with firing date

02/07/2013
A federal trial court has reiterated that the important date for filing deadlines is not when an employee learns he was discriminated against, but when he was fired. Employees have to file their EEOC complaint within 300 days of discharge or they lose the right to sue.

How to create a valid severance agreement: Sweeten the pot above and beyond the usual

02/07/2013
To prevent lawsuits over layoffs, employers often offer a severance agreement that requires the employee to waive the right to sue. When those agreements involve older workers, they have to meet very specific legal requirements.

Counter religious discrimination claim by showing focus on accommodation, job performance

02/07/2013
Do you have a difficult employee who always has a ready excuse for poor performance? If he’s also demanding religious accommodations, don’t get sucked into litigation over alleged religious discrimination.

Choreographer dances off with $125,000 settlement

02/07/2013
Marymount Manhattan College has settled an EEOC discrimination lawsuit that alleged the college discriminated against a 64-year-old choreography instructor when it denied her a tenure-track assistant professorship.

ADA: No need to eliminate essential functions

02/07/2013
Some disabled employees think employers should drastically modify their jobs so they are do-able, even if that means removing essential functions from job descriptions. Fortunately, there’s no such requirement.